HomeMy WebLinkAboutORD FOR INTRODUCTION 05-04-81DATE: April 23, 1981
5-4-81
TO:
FROH:
SUBJECT:
HONORABLE MAYOR AND CITY COUNCIL
DAN BLANKENSHIP, CITY ADMINISTRATOR
CITY MANAGER ORDINANCE
Attached is the City Attorney's Inter-Com and Ordinanoe draft to estaDlish the
City Manager p3sition in lieu of City A~ministrator. It is an excellent ~raft
which I believe will accomplish what Council requested and yet does not go into
decreasing Council's authority on rates, issuing permits and other potential areas
of delegation.
The only suggestion I would make is the additic~ of t]~ following as Section 1416
f in order to provide a desirable severance pay provision which is conmonly used.
The City Attorney states "It is the opinion of this offic~ that such provisions
need not be containea in the City Code itself; rather, they can De inaividually
negotiated at the time of hiring or reg~val." This is a legitimate position,
however, how many highly qualified applicants will not apply because that base
protection is not provided? The Tustin City Council has generally been
considerate and generous, but a prospective manager does not necessarily know
that. After all, a manager (as an administrator) is potentially vulnerable to
discharge at any Council meeting. An experienceo manager recognizes this and
would appreciate the security of a severance pay provision which keeps food on the
table while applying for other positions. As you have seen, a recruitment takes
four months and so there is an absolute minimum of two or three months for a
manager to immediately apply and get a position which is inmediately available.
More likely, there will be two to three months additional before many openings
occur for the size of a city suited to his experience. A manager should be able
to relocate in a twelve month period.
Proposed Section 1416 f:
"On termination of employment of the City Manager by reason of
involuntary removal from service, other than for willful misconQuct in
office, the City Manager shall receive cash severance pay in a lun~ sum
equal to t~months',pay for every year of continuous service or
fraction thereof as City Manager, up to a total of six months' pay,
such pay to be computed at the highest salary received by the City
Manager during his service with the City. Involuntary removal fr~a
service shall include reduction in pay not applicable to all employees
of the City."
RECL~¥~ENDE~ ACTION:
Council revise Ordinance as desired, Council may have it read
introduced at this meeting or agendize it for next ma~ting.
Respectfully submitted,
City Administrator
DB:dmt
by title ana
DATE:
APRIL 14, 1981
Inter- eom
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COU~CIL
FROM: JA/~ES R. ROURKE, CITY ATTOR~'IEY
LYDIA S. LEVIN, DEPUTY CITY ATTORNEY
SUBJECT:
CITY MANAGER ORDINANCE
Attached is a copy of the proposed ordinance establishing
the office of City Manager. Changes from the code sections
referring to the City Administrator are summarized below.
Section 1411, 1412, 1413 and 1414: The only
changes are the substitution of "Manager" for
"Adminstrator''.
Section 1415: We have eliminated "which are under his
control" from the sentence providing that the City
Manager is responsible for the administration of
all City affairs. We have also added the sentences
providing for the exercise of all power and duties
provided by statute and by the City Council,
and have noted that the succeeding paragraphs
are not to be construed as limiting the City
Manager's broad duties and power.
(a) Essentially unchanged.
(b) This subsection has been changed to reflect
that the City Manager shall have broad authority
over all department heads except the City Clerk,
the City Attorney and the City Treasurer. Other
subsections, discussed below, provide for authority
over all other officers and employees.
(c) We have added in the power to discipline,
and have expanded the City Manager's authority
to include department heads and officers. Other
provisions r~lating to City Council approval
have been excluded, as per the Council's directions
at the April 6 meeting. We have also added sections
providing that all employees are subject to the
City Manager's directions, and that the City
Manager may delegate his authority. Finally,
as suggested , we have provided that normal
merit increases will be approved or denied by
the City Manager; exceptional increases must be
approved by the Council.
Page 2
CITY MANAGER ORDINANCE
(d) This subsection now vests the City Manager
with authority to reorganize offices, etc. We
have added a clause subjecting these powers to
limitations imposed by the City Code or the Budget.
(e) We have simply substituted "Manager for
"Administrator" and added "for the welfare of
the City".
(f) Again, the only change is the substitution
of "Manager" for "Administrator"~
(g) We have added in the requirement that the
City Manager prepare financial plans as necessary
or desirable.
(h) The only addition in this subsection provides
that the City Manager be responsible for the
administration of the budget and salary plan.
(i) We have eliminated the phrase "and he shall
be responsible for" purely for grammatical reasons.
No duties or responsibilities change by virtue
of this deletion.
(j) No significant changes; we have simply
expanded the City Manager's duties to investigate
to include the duty to ensure the proper performance
of obligations to the City.
(k) We have included a duty to ensure that
privileges granted by the City are faithfully
performed.
(1) We have included supervisions over streets,
and have inserted a phrase to make clear that the
City Manager's supervisory duties do not extend to
areas specifically assigned to another board
or officer.
(m) Requires the preparation of reports and
recommendations.
(n) Allows the City Manager to serve in other City
positions whdn so appointed by the City Council.
(o) Directs the City Manager to provide leadership
for civic movements.
(p) Same as original "m"; allows the City Manager
to perform additional duties as required.
Page 3
CITY MANAGER ORDINANCE'
Section 1416:
(a) We have eliminated as unnecessary, the
provision relating to a seven-member Council.
(b) through (e): No change except for
substitution of "Manager" for "Administrator".
We have not included a provision for severance
pay for the City Manager in the event of removal. It is
the opinion of this office that such provisions need not
be contained in the City Code itself; rather, they can
be individually negotiated at the time of hiring or
removal.
LSL:kg:D:4/14/81
LSL:kg:R:4/15/81
ORDINANCE NO. 848
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AMENDING THE
TUSTIN CITY CODE TO CREATE AND ESTABLISH
THE OFFICE OF CITY MANAGER
The City Council of the City of Tustin, California,
hereby ordains that Chapter 4, Section 1411 throuqh 1417
be amended as follows:
1. Section 1411 is hereby amended to read as follows:
1411 OFFICE ESTABLISHED
The office of the City Manager is hereby created
and established. The City Manager shall be appointed by
the City Council wholly on the basis of his administrative
and executive ability and qualifications and shall hold
office at and during the pleasure of the City Council.
(a) RESIDENCE REQUIREMENTS
Residence in the City shall not be required as
a condition of appointment.
(b) ELIGIBILITY FOR APPOINTMENT
No person elected as a Councilman of the City
shall, subsequent to such election, be eligible for
appointment as City Manager until one (1) year has elapsed
after such Council member shall have ceased to be a member
of the City Council.
(c) COMPENSATION
The City Manager shall receive such compensation
and expense allowances as the City Council shall from time
to time determine a~nd duly fix, and such compensation and
expense shall be a proper charge against such fun~s of the
City as the City Council shall designate.
(d) POSITION TO BE FULL-TIME
The position of City Manager shall be full-time
and the Manaqer shall have no other employment without prior
1
3
4
§
6
?
9
lO
11
12
13
16
17
19
2O
2'1
22
23
24
26
28
29
3O
31
32
Council approval.
(e) APPOINTMENT OF MANAGER PRO TEMPORE
The City Council may from time to time appoint a
Manager pro tempore, to serve during any temporary absence
or disability of the City Manager.
2. Section 1412 is hereby amended to read as follows:
1412 COUNCIL-CITY MANAGER RELATIONSHIP
The City Council and its members shall deal with
the administrative services of the City only through the
City Manaqer, and except for the purpose of in~uiry~ neither
the City Council nor any member thereof shall give orders
to the City Manager.
3. Section 1413 is hereby amended to read as follows:
1413 ASSISTANCE FROM OTHER CITY OFFICERS
It shall be the duty of all subordinate officers
and the City Clerk, City Treasurer and City Attorney to
assist the City Manager as well as the City Council in
administering the affairs of the City efficiently, economically
and harmoniously so far as may be consistent with their duties
as prescribed by the law and ordinances of the City.
4. Section 1414 is hereby amended to read as follows:
1414 ATTENDANCE AT MEETINGS OF COMMISSIONS,
BOARDS AND CO~i~tTTEES
The City Manager may attend any and all meetings of
the Planning Commission, Recreation or Park Comr~ission and
any other commissions, boards or committees hereafter created
by the City Counci% upon his own volition or upon direction of
the City Council. At such meetings which the City Manager
attends, he shall be heard by such commissions, boards or
committees as to all matters upon which he wishes to address
the members thereof. He shall inform such members as to
the status of any matter being considered by the City Council
--2--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
2!
25
26
27
28
29
3O
31
32
5. Section 1415 is hereby amended to read as follows:
1415 POWERS AND DUTIES GENEP~LLY
The City Manager shall be the administrative head
of the government of the City under the direction and subject
to policy set by the City Council, except as otherwise provided
in this chapter. He shall be responsible for the efficient
administration of all affairs of the City. He shall have and
exercise all powers and duties assigned to him by statute and
such other authority as may be granted by the City Council.
Without limiting the foregoinq general grant of powers,
responsibilities, and duties, it shall be his duty and he shall
have the powers set forth in the followinq subsections.
(a) ENFORCEMENT OF LAWS, FRANCHISES, CONTRACTS
PERMITS, ETC.
It shall be the duty of the City Manager to see
that all laws and ordinances of the City are enforced and to
see that all franchises~ contracts, permits, and privileges
qranted by the City Council are faithfully observed.
(b) AUTHORITY OVER DEPARTMENT HEADS
It shall be the duty of the City 5~anager and he
shall have the authority to control, order and give directions
to all heads of departments, except the City Clerk, City Attorney
and City Treasurer,
(c) POWERS AS DIRECTOR OF PERSONNEL
It shall be the duty of the City Manager to act
as Director of PersonDel. He shall have the authority to appoint
promote, discipline~ demote, remove, reassign, or dismiss all
department heads, officers, and employees of the City, except
the City Clerk, the City Treasurer, and the City Attorney, subject
to any and all applicable rules, requlations, position allocations
and financial appropriations. All department heads, officers,
and employees shall perform their duties subject to the direction
--3--
1
2
3
4
5
6
?
8
9
10
11
12
13
14
15
16
17
18
19
2O
2'1
22
23
24
25
26
27
28
29
3O
31
32
of the City Manager or that of the superior to whom the Manager
may assign such officer or employer. Provided, that the Manager
may delegate to any other department head, officer or employee
the authority to hire or discharge any employees or officers so
designated by the ~lanager. For all department heads, officers
and employees, normal merit pay increases will be approved or
denied by the City Manager. Exceptional merit pay increases
for all department heads, officers and e~oloyees must be approved
by the City Council.
(d) REORGANIZATION OF OFFICES, POSITIONS, ETC.
It shall be the duty and responsibility of the City
Manager to reorganize, consolidate or combine duties, offices,
positions, departments or units under his direCtion within the
limits established by this code or the annual budget, as may be
indicated in the interest of efficient, effective and economical
conduct of the City's business.
(e) DUTY TO RECO~4END ADOPTION OF NECESSARY
MEASURES AND ORDINANCES
It shall be the duty of the City Manager to recommend
to the City Council for adoption such measures and ordinances
as he deems necessary or expedient for the welfare of the City.
(f) ATTENDA~CE AT COUNCIL ~IEETINGS REQUIRED
It shall be the duty of the Cit)f Manager to attend
all meetings of the City Council unless excused therefrom, except
when his removal is under consideration.
(g) FINANCIAL REPORTS TO CITY COUNCIL REQUIRED
It shall'be the duty of the City ~anager to keep the
City Council at all times fully advised as to the financial con-
ditions and needs of the City, and to prepare short-range and
long-range financial plans as necessary and desirable.
(h) PREPAP~TION OF ANNUAL BUDGET AND SALARY PLAN
It shall be the duty of the City Manager to prepare
-4-
1 and submit the proposed annual budget and the proposed annual
2 salary plan to the City Council for its approval and to be
~ responsible for their administration after adoption.
~ (i) TO ACT AS PURCHASING AGENT
5 It shall be the duty of the City Manager to
6 ourchase or cause to be purchased all supplies for all the
? departments and divisions of the City. No expenditures shall
8 be submitted or recommended to the City Council except on report
9 and approval of the City Manager.
10 (j) INVESTIGATION - AFFAIRS AND OBLIGATIONS OF CITY
11 It shall be the duty of the City Manager to make
12 investigations into the affairs of the City and any department
15~ or division thereof and any contract for the proper performance
1~ of any obligations of or to the City.
15 (k) COMPLAINTS; SERVICE BY PUBLIC UTILITIES,
F~SNCHISES AND PERMITS
16
17
18~
It shall be the duty of the City Manager to investigate
all complaints in relation to matters concerning the administration
19 !i of the City Government and in regard to the service maintained
20 ! by~ public utilities in the City and to see that all franchises,
22
23
25
26
27
28
29
30
32
permits and privileges granted by the City are faithfully per-
formed and observed.
(1) SUPERVISION OVER PUBLIC PROPERTY
It shall be the duty of the City Manager to exercise
general supervision over all public buildings, public parks,
streets, and all other public property which is under the control
and jurisdiction of.the City Council and not specifically assigned
to another board or officer for care and con%fol.
(m) REPORTS AND RECOM~4ENDATIONS
It shall be the duty of the City Manager to make such
reports and recommendations as may be necessary or desirable
or as are requested by the City Council.
1 (n) SERVICE AS OFFICER OR DEPART~NT HEAD
2 It shall be the duty of the City Manager to serve in
~ any appointive office or as head of a department or division in
4 the City Government to which he is qualified when appointed
5 thereto by the City Council and to hold and perform the duties
6 thereof at the pleasure of the City Council.
~ (o) LEADERSHIP FOR CIVIC MOVEmeNTS
8 It shall be the duty of the City Manager to provide
9 leadership for civic movements to benefit the residents of the
10 City when so authorized by the City Council.
11 (?) ADDITIONAL DUTIES
12 It shall be the duty of the City Manager to perform
15 such other duties and exercise such other powers as may be
14 delegated to him from time to time by ordinance or resolution
15 or other action of the City Council.
16 6. Section 1416 is hereby amended to read as follows:
17 1416 REMOVAL FROM OFFICE
18 (a) REQUIRED VOTE; HOTICE OF INTE~TIO~ TO REPROVE
19 The removal of the City Manager shall be °nly upon
~0 a three-member or more vote of the whole Council in the City in
2'1 regular Council meeting, subject, however, to the provisions of
the next succeeding subsections.
In case of his intended removal
by the City Council, the City Manager shall be furnished with a
written notice stating the Council's intention to remove him and
reasons therefor at least thirty days before the effective date
of his removal.
(b) HEARING BY COUNCIL
Within seven (7) days after the delivery to the City
Manager of such no~ice, he may, by written notification to the
City Clerk, request a hearing before the City Council. Thereafter
the City Council shall fix a time for the hearing, which shall
be held at its usual meeting place but before the expiration
-6-
1 of the thirty-day period, at which the City Manager shall appear
2 and be heard with or without counsel.
~ (c) SUSPENSION PENDING HEARING
4 After furnishing the City Manager with written notice
5 of intended removal the City Council may suspend him from duty,
6 but his compensation shall continue until his removal by resolution
7 of the Council, passed subsequent to the aforesaid hearing.
8 (d) DISCRETIO~ OF COUNCIL; DECISION TO BE FINAL
9 In removing the City Manager, the City Council shall
10 use its uncontrolled discretion, and its action shall be final
11 and shall not depend upon any particular showing or degree of
12 proof at the hearing, the purpose of which is to allow the City
15 Manaaer to present to the City Council his grounds of opposition
14 to his removal prior to its action.
15 (e) LIMITATIONS ON REMOVAL
16 Notwithstanding the provisions of this article
17 hereinbefore enumerated the City Manager shall not be removed
18 from office during or within a period of ninety (90) days next
19 succeeding any general municipal election held in the City, at
~0 which election a member of the City Council is elected. The
~i purpose of this provision is to allow any newly elected member
~ of the City Council or a reorganized City Council to observe
~ the actions and ability of the City Manager in the performance
~4 of the powers and duties of his office. After the expiration of
~5 such ninety-day period aforementioned, the provisions of the
26 preceding subsection as to the removal of the City Manager shall
~7 apply and be effective.
~8 7. Section 1417 is hereby amended to read as follows:
~9 1417 WRITTEN NOTICE OF RESIGNATIOM REQUIRED
~0 The City Manacer shall give the Council ~hirty (30)
$1 days' written notice of his intention to resign.
III
--7--
1
£
4
5
6
?
8
9
10
11
12
13
14
15
16
17
18
19
2O
22
23
24
25
26
27
28
29
30
31
32
PASSED AND ADOPTED at a regular meeting of the
City Council, City of Tustin, California, held on the
day of , 1981
MAYOR
ATTEST:
CITY CLERK